Kamins v. Commissioner
United States Tax Court
Held, that the petitioner is entitled to deduct as a casualty loss under sec. 165, I.R.C. 1954, only one-half of the loss to a residence which, at the time of loss, was owned jointly by petitioner and her former husband as community property under the law of the State of Washington, notwithstanding the fact that, subsequent to the loss but within the same taxable year, the residence was set over to petitioner as her separate property pursuant to a stipulated property…
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Held, that the petitioner is entitled to deduct as a casualty loss under sec. 165, I.R.C. 1954, only one-half of the loss to a residence which, at the time of loss, was owned jointly by petitioner and her former husband as community property under the law of the State of Washington, notwithstanding the fact that, subsequent to the loss but within the same taxable year, the residence was set over to petitioner as her separate property pursuant to a stipulated property settlement incorporated in the decree granting petitioner a divorce from her former husband.
1Opinion of the Court
OPINION
Respondent does not dispute that the damage to the residence caused by the earthquake in 1965 constitutes a deductible casualty loss under section 165,2 that the total amount of such loss was $16,853.48, or that Armorel subsequently received the residence as her separate property under the stipulated property settlement on July 21, 1965. The controversy herein is whether or not Armorel is entitled to deduct more than one-half of the casualty loss on her Federal individual income tax return for the year 1965.
Section 165 (c) (3) provides that “a ’[casualty] loss * * * shall be allowed…
2Cases cited31 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Poe v. SeabornSupreme Court of the United States · 1930
- Lang v. CommissionerSupreme Court of the United States · 1938
- Schramm v. SteeleWashington Supreme Court · 1917
- Kessinger v. AndersonWashington Supreme Court · 1948
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3Cited by4 opinions
- Hammerstrom v. CommissionerUnited States Tax Court · 1973
- Casey v. CommissionerUnited States Tax Court · 1971
- Hammerstrom v. CommissionerUnited States Tax Court · 1973
- Kamins v. CommissionerUnited States Tax Court · 1970